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PC R 95-1527R�SOLUTION NO. 95-1527 RESOLUTION OF TI=IE CITY OF ARROYO GRANDE PLANNING COM:MISSION AMENDING RULTS AND PROCrDURES SECTION I WII�REAS. the City Council oC the City of Arroyo Grande, pursuant to Sections 65000 through 65906 of the Government Cvde, appointed the Planning Commission and provided the powers and duties as outlined in Title 9, Chapter 1, Section 110 of the Municipal Code; and WI-I�R�AS, the Planning Commission is authorized to establish Rules and Regulations, Ordinance No. 207, for it's operation and conduct of business; .. SECTION II NOW, TIiCRCCORE, the Planning Commission of the City of Arroyo Grande resvlve that the following ameilded Rules and Procedures are hereby adopted, governing the organization of tlie Planning Commission and tlie conduct of Planning Commission meetings: Rules and Procedures A. Altendance of Members: Absence from tliree (3) consecutive regular tneetings, or 25% of the regular meetings during any one year period, vvithout formal consent of the City Council may be deemed to constitute tlie resignation of sucl� member and the position declared vacant. 13. Officers: 1. Selection a. At its first regular meeting in July the mernbers of the Planning Commission (hereinafter the "Commission") shall elect a Chairperson and a i�ice-cl�airperson, who sl�all 1�old office for one year. Their duties sliall be such as are usually carried ot�t by sucli officers. One member shall not serve as Chairpersoii for more tl�an two consecutive years. 2. Duties a. Chairperson The chairperson shall: 1) preside at all meetings; 2) call special meetings except as provided in C.2.a.; 3) appoint persons to al] committees subject to confirmation by the Comt�ission; 4) execute documents on behalf of the Commission; 5) ensure that all Commission business is conducted in accordance wilh law; Resolution No. 95-1527 Planning Commission Rules �nd Regulations Se�tecnUer 19� 1995 Pflge 2 6) 7) � assist staff in determining agenda items; and perform such other duties as are assigned by the Commission. Vice-Cliairperson The Vice-chairperson sl�all: 1) 2) c preside at meetings in the absence of the chairperson; and perform such other duties as are assigned by the Chairperson or Commission. Secretary to the Commission Tl�e Secretary of the Commission shall: 1) 2) 3) C. keep permanent and complete records of tl�e proceedings of the Commission; join witil the chairperson in executing all instruments of writing requiring formal execution on the part of the Commission. Post Commission agendas in �tie rnanner required by law. d. Commission Clerk A Commission Clerk may be designated by tl�e Planning Director to fulfill such duties as assigned by the Commission. Meetings: 1. 2 o:�ro�o�po-ru�oa.1/z Regular Meetings a. Tlie regular meetings of the Commission shall be held on the first and tl�ird Tuesday of each month at 7:30 p.m, in the City Council Cl�ambers, Arroyo Grande, California. Special Meetings a. Special meeting may be called by the Chairperson or by t(�e Secretary to tile Commission at the written request of at least three members; provided that written notice of such special meeting so called shall be received by each member of the Commission at least 24 liours in advance of the time fixed for tlie meeting, and which notice shall contain the time, the place, � and shall set out tl�e business to be transacted. Notice may be dispensed witil by written waiver of eacl� member. b. The Secrelary of the Commission shall notify the public and the press of all special meetings of the Commission, pursuant to the Brown Act. � Pl�tu�ing Coinmission Sept.ember 19, 1.995 Page 3 Resolution No. 95-1527 Tlle Commission may, by Resolution, amend these Rules and designate a different day, ti►ne or place on whicli to hold regular meetings; notice of such change of regular meetings rnust Ue posted on tl�e door of the present hearing place and given to eacl� local newspaper of general circulation, radio or television station requesting written notice at least 5 days prior to the next meeting. D. Quorum: 1. E Riiles and Regulat.ions 3. Adjournment Tl�e Commission may at any meeting adjourn over to tfie next regular meeting by a majority vote, or, may recess to a stated ti►ne, date and place for continuance of the meeting. 2. Four members of the Commission shall constitute a quorum for the transaction vf Commission business. Sllould there not be a quorum present, the members present may adjourn to a later date, or adjourn to a Workshop/Study Session. • 3. In the absence of both the Chairperson and Vice-Chairperson at any meeting, but a quorum existing, a cl�airperson shall be selected Pro Tem by tlie Commissioners present and the business transacted as though the regular officers were present. 4. If an item is continued for more than two consecutive Commission meetings due to a lack of a quorum, it may be referred to the City Council by the Chairperson. Committees: F. Voting: 1. The Chairperson of the Commission, or presiding officer if another Commissioner presides, sl�all Ue entitled to vote witli tlie other Commissioners in the transactioit of any business and in all matters coming before the Commission. 2. Commission action for acioption or amenclment to tlie General Plan, Development Code, Specific Plan, and Planned Development (PD) Ozdinance projects shall require tl�e affirmative vote of at least four memUers. 3. 4. Special committees fo.r particular pt�rposes may be created by the presiding officer with consent of the Commission. The affirmative vote of a majority oE a quorum shall be required for the approval of all otl�er Commission business. One me►nber may demand a count of tlie ayes and noes on any question. 5. When a member of tl�e Commission abstains from voting on any matter befor.e it because of a potential conflict of interest, said abstention shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. c:lreso\pc-rules./!2 � Resolution No. 95-1527 Ylauuing Commission Rules and Regulat.ions September 19, 1995 Page 4 6. The order of voting will be rotated each meeting except that the Chairperson shall always yote last. 7. The minutes of the Commission's proceeding shall sliow tlie vote of each member for roll call votes, including if they were absent or declined to vote on a matter considered. 8. A member shall disqualify himself/herself from voting in accordance with the Conflict of I►�terest Law. When a person disqualifies llimself/herself, he/she shall state prior to tl�e consideration of such matter by the Commission that he/she is disqualifying llimself/1lerself due to a possible conFlict of i�lterest and shall then leave the voting area. G. M'inutes: All motions, orders, and resolutions, and sucli other matters as tt�e Commissioil orders shall be entered in the minutes. H. Conduct of Meetings: All business of tlle Commissioii shall be conducted according to "Robert's Rules of Order. " I. Resolutions Resolutions sl�all be numbered consecutively and must be signed by the Chairperson and Secretary of tl�e Commission or Commission Clerk and shall be kept in a resolution file, and may be referred to by number. J. Order of Meetings: 1. Unless tl�e Chairperson directs, the order of business shall be as follows: a. Tl�e Chairperson shall take t}�e chair precisely at the time appointed for the meeting and shall immediately call tlle Commission to order. b. Members present and absent sl�all be recorded. c. The minutes of any preceding meeting shall be submitt�d for approval. d. Any member of the audience may comment on any matter whicli is not listed on the agenda. A time li►nil of 3►ninutes may be imposed .on each indiviclual speaker if the Chairperson so directs. e. The public shall be advised of tl�e procedures to be followed in the meeting. f. The Commission sl�all then i�ear and act upon tllose items outlined on the agenda. g. Planning Commission/Planning Director Comments and Items. h. Adjournment a:��oeo�pa-ru�os.�Vz I �� J Resolutio�i No. 95-1527 Pl�nning Contmissio�► Rules and Regulat.ions September 19, 1995 Page 5 K. Presentation or Hearing of Proposals: The following shall be tl�e arder of procedure for public liearings or other proposals concerning City matters, unless the Chair�erson in his/her discretion shall otl�erwise direct. 1. The Chairperson shall announce the item listed on the agenda. 2. If a reql�est is made for continuance, a motion may be made and voted upon to continue the item to a definite time and date, or continue indefinitely. If a previously advertised public liearing item is.continued indefinitely, the item must be legally re-advertised. 3. The staff shall be asked to present the substance of the agenda item, staff report, recommendation, and answer technical questions of the Commission. 4. Order of Testimony: a. Applicant's statement b. Statemer�ts from the public c. If determined by the chairperson to be necessary, a rebuttal from the applicant d. Public hearing closed � e. The Commission shall then deliberate and either take action on the matter or continue the matter to another date and time certain, or indefinitely. L. Rules of Testimony: 1. Persons presei�ting testimony to the Commission are requested to give their name and adclress for tl�e record. Tl�ey may also be requested to voluntarily sign tl�e attendance sheet. 2. IE there are numerous people in the audience who wish tp participate on an issue, and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. The spokesperson will have the opportunity of speaking for a r.easonable lengtli of time and of presenting a complete case. 3. To avoid uru�ecessary cumulative evidence, the Chairpezson may limit t11e individual and/or total amount of time allocated for public testimony on a particular issue. 4. Irrelevant and off-the-subject comments will be ruled out of order. c:�resolpo-n4cs.Nz Itesolutio�i No. 95-1527 Planni►�g Commissiou Rules �nd Regul�tions September 19, 1995 Page 6 5. The Chairperson wili not permit personat remarks regarding the staff or individual Commissioners during a public hearing. Complaints should be submitted in writing or presented verbally as a separate item on the agenda. 6. No person shall address the Commission without first securing the permission of the Chairperson to do so. ' M. Review and Amendments Procedure: l. These Rules of Procedure may be reviewed at the second meeting in July of each year by a subcommittee witli members appointed by the Chairperson with the consent of the Commission. The review subcommittee shall present their recommendation for amending or not amending these Rules to the Commission. 2. In addition, the Rules and Procedures may be amended at any meeting of the Planning Commission by a majority (4 affirmative votes) of the Commission provided that notice of tl�e proposed amendment is received by each Commissioner not less tl�an 5 days prior to said meeting. BE IT FURTI-IER R�SOLV�D that lhe Planning Director shall furnish copies of this Resolution to the Planning Commission and copies of these Rules shall be available for public inspection at City Hall. On motion of Commissioner Tappan, seconded by Commissioner Deviny, and by tl�e following roll call vote, to wit: AYES: Commissioner Tappan, Soto, Carr, Deviny, Lubin, Beck and Keen NOES: None ABS�NT: None tlie foregoing Resolution was adopted this 19t1i day of Segtember, 1995. ATT�ST: ���� ,�.. r�.�z Pearl � 1�' n y, Commi ion C�' G� Jo een, Chai�� son � � c:\reso\pc-iUlos.A2 � i �